Category Archives: Employment Law
Retaliation for Reporting Sexual Harassment
Jessica Ortega, a dental nurse from Stockton, has filed claims for wrongful termination, retaliation and sexual harassment against her supervisor, dentist Howard Chi, after her complaints of sexual harassment to her employer led to the loss of her job. Ms. Ortega claims that Chi would regularly make sexual references towards her at the Pacific Dental… Read More »
Is Your 30-Minute Lunch Break an Obligation or an Option?
The California Supreme Court resolved an important legal issue last year in Brinkley v. Superior Court — whether employers must make sure that employees use their breaks or simply provide opportunities for break time. The court concluded that employers are not obligated to ensure that meal breaks are fully used by employees, but employers must… Read More »
Employer Responsibility and Negligent Hiring Claims
Negligent hiring is an action in torts brought by individuals who claim that they have been hurt by an employee and that the employee’s tendency for violence or untrustworthiness was known to or should have been known to the employer. The tort of negligent hiring is a notable exception to the general principle that a… Read More »
U.S. Supreme Court Restricts Employment Discrimination Retaliation Claims
In a recent decision, University of Texas Southwestern Medical Center v. Nassar, the U.S. Supreme Court made it more difficult for plaintiffs claiming retaliation to make employment discrimination claims. The court ruled that plaintiffs must prove that retaliation was the determinative factor in an adverse employment action, and not just a motivating factor as had… Read More »